rochin v california case brief

557 results for rochin v california case brief

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  • 610 F.3d 945 (6th Cir. 2010), 08-2532, United States v. Al-Cholan

    ....          ON BRIEF:.          David Herskovic, Gerald M. ...at 431-32, 93 S.Ct. 1637 (citing Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 ...Archer. In that case, the defendants were being prosecuted under the ...

  • 830 F.2d 885 (8th Cir. 1987), 86-5096, United States v. York

    ... rule is not called for by the facts of this case, and would unduly hamper the ability of law ... conduct condemned by the court in Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 ...         York, in his reply brief, argues that even if the prosecution permissibly ...

  • 312 F.3d 247 (7th Cir. 2002), 01-4082, United States v. Husband

    ...          This case is before us for a second time. Defendant Eunice ...California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 ... the search held to be unconstitutional in Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 ...The government's brief on the issue of loss of evidence in the ...

  • 335 F.3d 932 (9th Cir. 2003), 01-36172, Save Our Valley v. Sound Transit

    ... by surveying the Supreme Court's § 1983 cases. In those cases, the courts noted, the Supreme ...This is a troubling issue not briefed by the parties, and I do not attempt to resolve ... Stanley v. Univ. of Southern California, 178 F.3d 1069, 1079 (9th Cir. 1999); Nat'l ... that "shocks the conscience," see Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 ...

  • 574 F.2d 1047 (10th Cir. 1978), 77-1834, United States v. Revada

    ...U. S. Atty., Salt Lake City, Utah, on brief), for plaintiff-appellant. ... action of the district judge in the instant case must be measured by the legal principles ... bind judges in their judicial function." Rochin v. California, . . 342 U.S. 165, 170, 72 S.Ct. ...

  • 225 F.3d 1187 (10th Cir. 2000), 98-1421, United States v Kennedy

    ... United States Attorney, with him on the brief), Assistant United States Attorney, Denver, ... "the petition, files, and record of this case conclusively demonstrate that he is not entitled ...Rochin v. California, 342 U.S. 165, 172-74 . . ...

  • Material Sources of Constitutional Interpretation

    § 5.1 Introduction to the Material Sources of Constitutional Interpretation. § 5.2 Contemporaneous Sources of Meaning. § 5.2.1 Text. § 5.2.2 Context. § 5.2.2.1 Basic Elements of Context. A. Verbal Maxims. B. Policy Maxims. C. Related Provisions and Other Contextual Considerations. § 5.2.2.2 Structure. A. Judicial Review. B. Federalism. C. Separation of Powers. D. Checks and Balances. § 5.2.3...

    ... noted, "[T]here are, within American law, cases illustrating a distinctive seventh 'modality' of ... and human rights." 52 University of California-Berkeley School of Law Professor and former Dean ... applicable to the Fifth Amendment case of Rochin v. California , discussed at § 23.2.1.2.D n.142, ...For a brief introduction to the "interpretive" versus ...

  • 731 F.3d 258 (2nd Cir. 2013), 12-3514-cr, United States v. McLaurin

    ...Darrow (Gregory L. Waples, on the brief), of counsel for Tristram J. Coffin, United ... court noted that, in its experience, the case was unique among sex offender registration cases ... people as to be ranked as fundamental." Rochin v. California, 342 U.S. 165, 169, 172, 72 S.Ct. ...

  • 886 F.2d 1200 (9th Cir. 1989), 87-2053, Stead Motors of Walnut Creek v. Automotive Machinists Lodge No. 1173, Intern. Ass'n of Machinists and Aerospace Workers

    ... Teamsters Joint Councils 7 and 38 and California Nurses Association. .         Appeal ...         This case requires us to consider once again the nature and ...The panel's brief opinion found that reinstatement of Rocks would ... 3 Rochin...

  • M. D. v. Abbott, 101818 FED5, 18-40057

    ... caseworkers and other advocates than do TMC children. For. ... private sentimentalism." Rochin v. California,. 342 U.S. 165, 172 (1952). ... brief. As a reference point, one foster parent of seven ...

  • 129 F.3d 209 (1st Cir. 1997), 96-1954, Brown v. Ives

    ... McFaul & Eisenhart, Portland, ME, were on brief, for appellant.         James D. ... . an affidavit, filed by a caseworker in connection with a child protection proceeding, ... as a whole "shocks the conscience" under Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, ...

  • M. C. v. Amrhein, 012615 FED4, 13-2178

    ... .          ON BRIEF: .           Kenneth N. Shaw, ... ADVOCATES FOR INFORMED CHOICE, Cotati, California; John Lovi, William Ellerbe, STEPTOE AND JOHNSON ... light of the circumstances in the particular case at hand." Id. at 236.          The ...Lee, 470 U.S. 753 (1985), and Rochin v. California, 342 U.S. 165 (1952). For the right ...

  • 935 F.2d 32 (4th Cir. 1991), 90-5691, United States v. Osborne

    ..., North, Cooke & Landreth (Susan Hayes, on brief), Greensboro, N.C., for defendant-appellant. ... is rarely appropriate, on the facts of this case the district court did not err in refusing to ...Jacobson, supra, 916 F.2d at 469 (citing Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, ...

  • 772 F.3d 969 (2nd Cir. 2014), 13-4152-cr, United States v. Anderson

    ...brief), for Tristram J. Coffin, United States Attorney, ..." conduct that shocks the conscience." See Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, ... that the government needed to build its case. 447 U.S. at 729. The IRS agent then supervised ...

  • 396 F.3d 887 (7th Cir. 2005), 04-1443, Hart v. Sheahan

    ... of the judgment dismissing their case. But whether the appeal brought up for review not ...2258, 138 L.Ed.2d 772 (1997); Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, ... plaintiffs' having referred in their reply brief to the report of a grand jury investigation into ...

  • 980 F.2d 850 (2nd Cir. 1992), 74, Roesch v. Otarola

    ... Thomas Daley, West Haven, Conn., on the brief), for plaintiff-appellant. ... claim by a plaintiff whose criminal case was terminated pursuant to Connecticut's ... people as to be ranked as fundamental.' " Rochin v. California, 342 U.S. 165, 169, 72 S.Ct. 205, ...

  • 206 F.3d 335 (3rd Cir. 2000), 99-1062, Funentes v. Wagner

    ...However, in his brief to us, Fuentes conflates his substantive due ... to maintain or restore discipline, in which case, you must find that the defendants did not use ... substantive due process jurisprudence, see Rochin v. California, 342 U.S. 165, 17273 (1952), our ...

  • 142 F.3d 12 (1st Cir. 1998), 97-1958, Berthiaume v. Caron

    ..., Baird, Gardner & Henry were on joint brief for appellants.         Terry A. Fralich ... the legitimate state interest in this case; and (4) whether the extent of Defendants' ...Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, ...

  • 571 F.2d 675 (1st Cir. 1978), 77-1496, Appeal of Maguire

    ..., Criminal Division, Boston, Mass., were on brief, for appellee.         Before COFFIN, ...Schmerber v. California, 384 U.S. 757, 763-764, 86 S.Ct. 1826, 16 L.Ed.2d ...2, 54 L.Ed. 1021 (1910). But cf. Rochin v. California, 342 U.S. 165, 173, 72 S.Ct. 205, ... we have been unable to find any federal cases precisely on point, it is obvious that, while a ...

  • 762 F.2d 1383 (11th Cir. 1985), 83-8028, Brooks v. Kemp

    ...         This case was taken en banc principally to consider two of ...Finally, in briefing this case before the panel, the state ...at 1977.         Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 ... the risk of an unwarranted conviction"); Rochin v. California, 342 U.S. 165, 172-73, 72 S.Ct. ...

  • 34 F.3d 345 (6th Cir. 1994), 93-5061, Lewellen v. Metropolitan Government of Nashville and Davidson County, Tenn.

    ...briefed), Trabue, Sturdivant & DeWitt, Nashville, TN, for ...         This is a civil rights case brought by a workman who was accidentally injured ... process violation of the type described in Rochin v. California [342 U.S. 165, 72 S.Ct. 205, 96 ...

  • 998 F.2d 1559 (10th Cir. 1993), 92-6104, Doyle v. Oklahoma Bar Ass'n

    ...Sparling with him on the briefs), Short Barnes Wiggins Margo & Adler, Oklahoma ...         A threshold issue in this case--one not addressed by the parties or the court ...at ----, 112 S.Ct. at 1063. See, e.g., Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, ...

  • Non-Economic Individual Rights

    § 23.1 Civil Rights Protections: The Second, Third & Seventh Amendments & The Full Faith and Credit Clause of Article IV, § 1. § 23.1.1 The Second Amendment: Right to Bear Arms. § 23.1.2 The Third Amendment: Protection Against Quartering of Soldiers In Individuals' Homes. § 23.1.3 The Seventh Amendment: Right to Jury Trial in Actions At Common Law. § 23.1.4 The Full Faith and Credit...

    ...Only California, Iowa, Maryland, Minnesota, New Jersey, and New ...5 However, all of these cases were decided before the Court began to hold that ...Martinez-Fuerte 69 the brief, suspicionless seizures of motorists at a fixed ... The classic case of this kind occurred in Rochin v. California , 142 in which the Court held that ...

  • 990 F.2d 789 (3rd Cir. 1993), 92-1573, Searles v. Southeastern Pennsylvania Transp. Authority

    ..., that dismissal of the complaints in these cases was compelled by the Supreme Court's decision in ...at ----, 112 S.Ct. at 1069 (quoting Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, ...         Finally, in her brief, plaintiff argues that the district court's order ...

  • Z.G. v. Pamlico County Public Schools Board of Education, 071618 FED4, 17-1290

    ... .          ON. BRIEF:. . .           Rachel. ... civilized conduct." 21 See Rochin v. California,. 342 U.S. 165, 173 (1952). ... in this case and ultimately determine the merits of this. ...